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CMS and excessive pension contributions

42 replies

ComingRoundAgain · 10/02/2023 11:51

Has anyone successfully challenged excessive pension payments through CMS?

My exh declared a large private pension payment to CMS which resulted in a £130 reduction in the monthly payments.

This pension contribution was apparently paid outside of his PAYE earnings. So from from his net salary.

Thing is, this money constitutes 28% of his post tax earnings.

To have come up with that money himself, he would have had to have saved avg £750 a month on his £32k salary.

I think this was money either earnt and not declared to HMRC, or gifted to him by his Dad (a regular occurrence).

Have raised with CMS and asked if they can look into / ask for evidence of where that money came from.

Positive outcome likely at all???

OP posts:
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gogohmm · 11/02/2023 17:17

You can try but that is the amount my financial advisor says i should be putting in!

taxpayer1 · 11/02/2023 17:17

RinklyRomaine · 11/02/2023 17:11

I think, actually, it's attitudes like this which contribute to so many men thinking this is okay. It isn't. No wonder the CMS don't have the resources when people just shrug and tell primary carers to suck it up.

I think the stereotypes you are portraying are the problem. All single mums are victims and martyrs. All divorced fathers are evil and child maintenance avoiders.

Bitofhelpoverhere · 11/02/2023 17:19

taxpayer1 · 11/02/2023 15:14

You are supposed to increase your pension contribution as you grow older in order to support yourself after retiring. You can consult the CMS guidelines.

In a decent society the attitude should be that you are supposed to support your child, rather than financially contract the larger burden of that to someone else to protect your own financial future.

The whole system is about protecting the non-main cater, usually a man, at the expense of the child and main cater.

Interested in this thread?

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Bitofhelpoverhere · 11/02/2023 17:21

taxpayer1 · 11/02/2023 17:17

I think the stereotypes you are portraying are the problem. All single mums are victims and martyrs. All divorced fathers are evil and child maintenance avoiders.

Well yes, if you are upping pension contributions with the effect you pay less to support your child, then yes, you are a CMS payment avoider.

Lizziet64 · 11/02/2023 17:22

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taxpayer1 · 11/02/2023 17:23

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I am sure you are a bitter ex that wants to be provided for after separation.

Davepartyof3 · 11/02/2023 17:31

No idea what CMS will do but clearly morally it’s wrong. Put as much money as you want/can once your children’s needs are met but using it as a way to avoid paying for your kids is grim.

Lizziet64 · 11/02/2023 17:42

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greenbackers · 11/02/2023 17:46

'I am sure you are a bitter ex that wants to be provided for after separation'

I thought CMS payments were for the children of the relationship not the ex.

People should take responsibility for the children they bring into the world and not rely on taxpayers to fund their children through the benefits system.

RinklyRomaine · 11/02/2023 17:54

It's hardly a stereotype when that is exactly what is happening. To me, and to many, many other resident parents. I'm not a martyr, why are you suggesting the parent with care who thinks the other parent should pay is a martyr? Once again, I'm not expecting to be provided for, what utter shit. I was the main earner in the relationship and have finally had enough of the avoidance. Who is going to pay my pension and provide for me, him? No. But he will have a bigger income on retirement than he does working based on avoiding paying for his child. If you think that's reasonable, well. Ew.

Coming across as one of those men who thinks the state should pay for your children while you hide every penny. Or their wife.

RinklyRomaine · 11/02/2023 18:01

" I think the stereotypes you are portraying are the problem"
*
What does this mean? The thread is about
* at least two child maintenance avoiders, who we KNOW are not unusual, who the government refuses to properly penalise. Is there a reason you think the parent with care must suck up all financial costs as well as time and emotional costs?

RinklyRomaine · 11/02/2023 18:01

Ffs bold fail.

taxpayer1 · 11/02/2023 18:20

RinklyRomaine · 11/02/2023 18:01

" I think the stereotypes you are portraying are the problem"
*
What does this mean? The thread is about
* at least two child maintenance avoiders, who we KNOW are not unusual, who the government refuses to properly penalise. Is there a reason you think the parent with care must suck up all financial costs as well as time and emotional costs?

Stereotype

a widely held but fixed and oversimplified image or idea of a particular type of person or thing.
"the stereotype of the woman as the carer"

RinklyRomaine · 11/02/2023 18:44

Uh huh. We can all see someone who thinks paying for their own children is not to their taste.

TheLostGiraffe · 11/02/2023 20:06

RinklyRomaine · 11/02/2023 18:44

Uh huh. We can all see someone who thinks paying for their own children is not to their taste.

Yup. So blindingly obvious you probably shouldn't look directly at it or you may damage your eyes.

youknowwhatimeans · 11/02/2023 20:10

Hi @ComingRoundAgain . Not read the whole thread but those saying 28% depending on his age etc is not excessive are wrong. You (and should) challenge this. Yes there are guidelines as to what is reasonable contribution according to age, but where it’s also suspected to be deliberate diversion, that is also taken into account. I urge you to ignore those posters saying you won’t get anywhere - CMS is a place you have to fight for what is rightfully yours, unfortunately, but when you stay strong you will be listened to. If they do decide to allow him to continue at least you know you tried. I personally think if you pursue it vigorously and articulately that you’re in with a good chance as the main question is what is proportionate to income and that seems excessive.

On a separate note he seems like a terrible person. Was he abusive in the past? Absolutely disgusting trying to cut down contribution to his child’s care.

youknowwhatimeans · 11/02/2023 20:13

@Lizziet64 I’ve noticed @taxpayer1 has a bit of a chip on their shoulder on these sorts of threads. They’ve obviously had some sort of financial issue to feel so strongly. @taxpayer1 hope you get your issues sorted.

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